1-1 By: Oliveira, Dukes, et al. H.B. No. 3032
1-2 (Senate Sponsor - Barrientos)
1-3 (In the Senate - Received from the House May 13, 1999;
1-4 May 14, 1999, read first time and referred to Committee on Finance;
1-5 May 14, 1999, reported favorably by the following vote: Yeas 9,
1-6 Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to historically underutilized businesses; providing a
1-10 penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2155.074(g), Government Code, as added by
1-13 Chapter 508, Acts of the 75th Legislature, Regular Session, 1997,
1-14 is amended to read as follows:
1-15 (g) A state agency shall post in the business daily either
1-16 the entire bid or proposal solicitation package or a notice that
1-17 includes all information necessary to make a successful bid,
1-18 proposal, or other applicable expression of interest for the
1-19 procurement contract, including at a minimum the following
1-20 information for each procurement that the state agency will make
1-21 that is estimated to exceed $25,000 in value:
1-22 (1) a clear and complete [brief] description of the
1-23 goods or services to be procured and any applicable state product
1-24 or service codes for the goods and services;
1-25 (2) the last date on which bids, proposals, or other
1-26 applicable expressions of interest will be accepted;
1-27 (3) the estimated quantity of goods or services to be
1-28 procured;
1-29 (4) if applicable, the previous price paid by the
1-30 state agency for the same or similar goods or services;
1-31 (5) the estimated date on which the goods or services
1-32 to be procured will be needed; and
1-33 (6) the name, business mailing address, and business
1-34 telephone number of the state agency employee a person may contact
1-35 to inquire about [obtain] all necessary information related to
1-36 making a bid or proposal or other applicable expression of
1-37 interest for the procurement contract.
1-38 SECTION 2. Subchapter A, Chapter 2161, Government Code, is
1-39 amended by adding Section 2161.0015 to read as follows:
1-40 Sec. 2161.0015. DETERMINING SIZE STANDARDS FOR HISTORICALLY
1-41 UNDERUTILIZED BUSINESSES. The commission may establish size
1-42 standards that a business may not exceed if it is to be considered
1-43 a historically underutilized business under this chapter. In
1-44 determining the size standards, the commission shall determine the
1-45 size at which a business should be considered sufficiently large
1-46 that the business probably does not significantly suffer from the
1-47 effects of past discriminatory practices.
1-48 SECTION 3. Subchapter A, Chapter 2161, Government Code, is
1-49 amended by adding Section 2161.003 to read as follows:
1-50 Sec. 2161.003. TRANSFER OF FUNDS FOR PURCHASING. (a) The
1-51 commission and the state auditor shall cooperate to develop
1-52 procedures to periodically monitor state agency compliance with
1-53 Section 2161.123. The state auditor shall report to the commission
1-54 a state agency that is not complying with that section.
1-55 (b) If the state auditor reports to the commission that a
1-56 state agency is not complying with Section 2161.123, the commission
1-57 shall report that fact to the Legislative Budget Board. If the
1-58 Legislative Budget Board determines that, one year after the date
1-59 of the state auditor's report to the commission, the agency is
1-60 still not complying with Section 2161.123, the budget board may,
1-61 under Section 69, Article XVI, Texas Constitution, direct the
1-62 emergency transfer of the agency's appropriated funds for making
1-63 purchases under purchasing authority delegated under Section
1-64 2155.131 or 2155.133 to the appropriate state agency. The amount
2-1 transferred from the agency's funds to the appropriate agency shall
2-2 be an amount determined by the Legislative Budget Board.
2-3 SECTION 4. Sections 2161.061(b) and (c), Government Code,
2-4 are amended to read as follows:
2-5 (b) As one [part] of its certification procedures, the
2-6 commission may:
2-7 (1) approve the [another] certification program of one
2-8 or more local governments in this state that certify [certifies]
2-9 historically underutilized businesses, minority business
2-10 enterprises, women's business enterprises, or disadvantaged
2-11 business enterprises under substantially the same definition, to
2-12 the extent applicable, used by Section 2161.001; and
2-13 (2) certify a business certified under the local
2-14 government program as a historically underutilized business under
2-15 this chapter.
2-16 (c) To maximize the number of certified historically
2-17 underutilized businesses, the commission shall enter into
2-18 agreements with local governments in this state that conduct
2-19 certification programs described by Subsection (b). The agreements
2-20 must take effect immediately and:
2-21 (1) allow for automatic certification of businesses
2-22 certified under the local government program;
2-23 (2) provide for the efficient updating of the
2-24 commission database containing information about historically
2-25 underutilized businesses and potential historically underutilized
2-26 businesses; and
2-27 (3) provide for a method by which the commission may
2-28 efficiently communicate with businesses certified under the local
2-29 government program and provide those businesses with information
2-30 about the state historically underutilized business program. [A
2-31 municipality, in certifying historically underutilized businesses,
2-32 may adopt the certification program of the commission, of the
2-33 federal Small Business Administration, or of another political
2-34 subdivision or other governmental entity.]
2-35 SECTION 5. Section 2161.062, Government Code, is amended by
2-36 adding Subsections (d) and (e) to read as follows:
2-37 (d) The commission shall send historically underutilized
2-38 businesses an orientation package on certification or
2-39 recertification. The package shall include:
2-40 (1) a certificate issued in the historically
2-41 underutilized business's name;
2-42 (2) a description of the significance and value of
2-43 certification;
2-44 (3) a list of state purchasing personnel;
2-45 (4) information regarding electronic commerce
2-46 opportunities;
2-47 (5) information regarding the Texas Marketplace
2-48 website; and
2-49 (6) additional information about the state procurement
2-50 process.
2-51 (e) A state agency with a budget that exceeds $5 million
2-52 during a state fiscal year shall designate a staff member to serve
2-53 as the historically underutilized businesses coordinator for the
2-54 agency during the fiscal year. The procurement director may serve
2-55 as the coordinator. In agencies that employ a historically
2-56 underutilized businesses coordinator, the position of coordinator,
2-57 within the agency's structure, must be at least equal to the
2-58 position of procurement director. The coordinator shall:
2-59 (1) coordinate training programs for the recruitment
2-60 and retention of historically underutilized businesses;
2-61 (2) report required information to the commission; and
2-62 (3) match historically underutilized businesses with
2-63 key staff within the agency.
2-64 SECTION 6. Section 2161.063(b), Government Code, is amended
2-65 to read as follows:
2-66 (b) The commission shall assist the Texas Department of
2-67 Economic Development [Commerce] in performing the department's
2-68 duties under Section 481.0068 [481.103].
2-69 SECTION 7. Section 2161.064(b), Government Code, is amended
3-1 to read as follows:
3-2 (b) The commission at least semiannually shall update the
3-3 directory and provide access to the directory electronically or in
3-4 another form [a copy of the directory] to each state agency.
3-5 SECTION 8. Sections 2161.121(a) and (e), Government Code,
3-6 are amended to read as follows:
3-7 (a) The commission shall prepare a consolidated report that:
3-8 (1) includes the number and dollar amount of contracts
3-9 awarded and paid to historically underutilized businesses certified
3-10 by the commission; [and]
3-11 (2) analyzes the relative level of opportunity for
3-12 historically underutilized businesses for various categories of
3-13 acquired goods and services; and
3-14 (3) tracks, by vendor identification number and, to
3-15 the extent allowed by federal law, by social security number, the
3-16 graduation rates for historically underutilized businesses that
3-17 grew to exceed the size standards determined by the commission.
3-18 (e) The commission shall send on October 15 of each year a
3-19 report on the preceding fiscal year to the presiding officer of
3-20 each house of the legislature[, the members of the legislature,]
3-21 and the joint committee.
3-22 SECTION 9. Subchapter B, Chapter 2161, Government Code, is
3-23 amended by adding Sections 2161.065 and 2161.066 to read as
3-24 follows:
3-25 Sec. 2161.065. MENTOR-PROTEGE PROGRAM. (a) The commission
3-26 shall design a mentor-protege program to foster long-term
3-27 relationships between prime contractors and historically
3-28 underutilized businesses and to increase the ability of
3-29 historically underutilized businesses to contract with the state or
3-30 to receive subcontracts under a state contract. Each state agency
3-31 shall implement the program designed by the commission.
3-32 (b) The program must be designed so that each state agency
3-33 is directed to offer appropriate points or other incentives to its
3-34 contractors in connection with any agency contract that offers
3-35 subcontracting opportunities if the contractor agrees to and is
3-36 successful in:
3-37 (1) subcontracting with a historically underutilized
3-38 business in performing the contract; and
3-39 (2) providing business and developmental assistance to
3-40 the historically underutilized business subcontractor that is
3-41 designed to increase the historically underutilized business's
3-42 technical and business capabilities to perform more complex work.
3-43 (c) Participation in the program must be voluntary for both
3-44 the contractor and the historically underutilized business
3-45 subcontractor.
3-46 Sec. 2161.066. HISTORICALLY UNDERUTILIZED BUSINESS FORUMS.
3-47 (a) The commission shall design a program of forums in which
3-48 historically underutilized businesses are invited by state agencies
3-49 to deliver technical and business presentations that demonstrate
3-50 their capability to do business with the agency:
3-51 (1) to senior managers and procurement personnel at
3-52 state agencies that acquire goods and services of a type supplied
3-53 by the historically underutilized businesses; and
3-54 (2) to contractors with the state who may be
3-55 subcontracting for goods and services of a type supplied by the
3-56 historically underutilized businesses.
3-57 (b) The forums shall be held at state agency offices.
3-58 (c) Each state agency shall participate in the program by
3-59 sending senior managers and procurement personnel to attend
3-60 relevant presentations and by informing the agency's contractors
3-61 about presentations that may be relevant to anticipated
3-62 subcontracting opportunities.
3-63 (d) Each state agency that has a historically underutilized
3-64 businesses coordinator shall:
3-65 (1) design its own program and model the program to
3-66 the extent appropriate on the program developed by the commission
3-67 under this section; and
3-68 (2) sponsor presentations by historically
3-69 underutilized businesses at the agency.
4-1 (e) The commission shall sponsor presentations given at
4-2 locations that can easily be attended by representatives of and
4-3 contractors with state agencies that do not have a historically
4-4 underutilized businesses coordinator.
4-5 (f) The commission and each state agency that has a
4-6 historically underutilized businesses coordinator shall
4-7 aggressively identify and notify individual historically
4-8 underutilized businesses regarding opportunities to make a
4-9 presentation regarding the types of goods and services supplied by
4-10 the historically underutilized business and shall advertise in
4-11 appropriate trade publications that target historically
4-12 underutilized businesses regarding opportunities to make a
4-13 presentation.
4-14 SECTION 10. Section 2161.122(c), Government Code, is amended
4-15 to read as follows:
4-16 (c) A state agency participating in a group purchasing
4-17 program [described under Section 2155.139(b)] shall send to the
4-18 commission in the agency's report under Section 2161.121 a separate
4-19 list of purchases from historically underutilized businesses that
4-20 are made through the group purchasing program, including the dollar
4-21 amount of each purchase allocated to the reporting agency.
4-22 SECTION 11. Subchapter C, Chapter 2161, Government Code, is
4-23 amended by adding Sections 2161.126 and 2161.127 to read as
4-24 follows:
4-25 Sec. 2161.126. EDUCATION AND OUTREACH BY COMMISSION. Before
4-26 September 1 of each year, the commission shall report to the
4-27 governor, the lieutenant governor, and the speaker of the house of
4-28 representatives on the education and training efforts that the
4-29 commission has made toward historically underutilized businesses.
4-30 The report must include the following as related to historically
4-31 underutilized businesses:
4-32 (1) the commission's vision, mission, and philosophy;
4-33 (2) marketing materials and other educational
4-34 materials distributed by the commission;
4-35 (3) the commission's policy regarding education,
4-36 outreach, and dissemination of information;
4-37 (4) goals that the commission has attained during the
4-38 fiscal year;
4-39 (5) the commission's goals, objectives, and expected
4-40 outcome measures for each outreach and education event; and
4-41 (6) the commission's planned future initiatives on
4-42 education and outreach.
4-43 Sec. 2161.127. LEGISLATIVE APPROPRIATIONS REQUESTS. Each
4-44 state agency must include as part of its legislative appropriations
4-45 request a detailed report for consideration by the budget
4-46 committees of the legislature that shows the extent to which the
4-47 agency met the applicable historically underutilized business
4-48 contracting goals established by this chapter and by rules of the
4-49 commission during the two calendar years preceding the calendar
4-50 year in which the request is submitted. If a state agency did not
4-51 meet an applicable goal, the report must demonstrate the reasons
4-52 for that fact. The extent to which a state agency meets applicable
4-53 goals is considered a performance measure for purposes of the
4-54 appropriations process.
4-55 SECTION 12. Chapter 2161, Government Code, is amended by
4-56 adding Subchapter F to read as follows:
4-57 SUBCHAPTER F. SUBCONTRACTING
4-58 Sec. 2161.251. APPLICABILITY. (a) This subchapter applies
4-59 to all contracts entered into by a state agency with an expected
4-60 value of $100,000 or more, including:
4-61 (1) contracts for the acquisition of a good or
4-62 service; and
4-63 (2) contracts for or related to the construction of a
4-64 public building, road, or other public work.
4-65 (b) This subchapter applies to the contract without regard
4-66 to:
4-67 (1) whether the contract is otherwise subject to this
4-68 subtitle; or
4-69 (2) the source of funds for the contract, except that
5-1 to the extent federal funds are used to pay for the contract, this
5-2 subchapter does not apply if federal law prohibits the application
5-3 of this subchapter in relation to the expenditure of federal funds.
5-4 Sec. 2161.252. AGENCY DETERMINATION REGARDING SUBCONTRACTING
5-5 OPPORTUNITIES; BUSINESS SUBCONTRACTING PLAN. (a) Each state
5-6 agency that considers entering into a contract with an expected
5-7 value of $100,000 or more shall, before the agency solicits bids,
5-8 proposals, offers, or other applicable expressions of interest from
5-9 prospective contractors, determine whether it is probable that
5-10 there will be subcontracting opportunities under the contract. If
5-11 the state agency determines that there is that probability, the
5-12 agency in its request for bids, proposals, offers, or other
5-13 applicable expressions of interest regarding the contract shall
5-14 require that each bid, proposal, offer, or other applicable
5-15 expression of interest include a historically underutilized
5-16 business subcontracting plan.
5-17 (b) If the state agency determines that there is the
5-18 probability for subcontracting opportunities under the contract,
5-19 the agency also shall determine the extent to which historically
5-20 underutilized businesses will be available to enter into the
5-21 subcontracts. The state agency shall make this determination based
5-22 on the types of subcontracting opportunities available under the
5-23 contract together with the agency's knowledge of the relevant
5-24 market, any relevant disparity study conducted by or for a
5-25 governmental entity that contains information on the availability
5-26 of historically underutilized businesses to perform the types of
5-27 subcontracted work in the relevant locality, and other relevant
5-28 information the agency considers to be reliable. Given the
5-29 expected value of the subcontracting opportunities and its
5-30 determination regarding the availability of historically
5-31 underutilized businesses to perform the subcontracted work, the
5-32 state agency shall state the historically underutilized business
5-33 subcontracting participation level for the contract expressed as a
5-34 percentage of the expected dollar value of the contract. The state
5-35 agency shall include the participation level in its request for
5-36 bids, proposals, offers, or other applicable expressions of
5-37 interest.
5-38 (c) When a state agency requires a historically
5-39 underutilized business subcontracting plan under Subsection (a), a
5-40 bid, proposal, offer, or other applicable expression of interest
5-41 from a prospective contractor must contain a plan that meets the
5-42 requirements of this section to be considered responsive.
5-43 (d) The historically underutilized business subcontracting
5-44 plan is considered to be part of the bid, proposal, offer, or other
5-45 applicable expression of interest. The plan must include:
5-46 (1) the historically underutilized business
5-47 subcontracting participation level that the prospective contractor
5-48 expects to meet, expressed as a percentage of the expected dollar
5-49 amount of the contract;
5-50 (2) the name of each historically underutilized
5-51 business with which the prospective contractor expects to
5-52 subcontract;
5-53 (3) the part of the work that each of those expected
5-54 subcontractors would perform;
5-55 (4) the expected dollar value of each of those
5-56 subcontracts; and
5-57 (5) information about the methods used in the past and
5-58 currently used by the prospective contractor to identify, contact,
5-59 and evaluate available historically underutilized businesses with
5-60 which to subcontract.
5-61 (e) If the historically underutilized business
5-62 subcontracting participation level stated in the prospective
5-63 contractor's plan is less than the state agency's stated
5-64 participation level for the contract, the plan must account for
5-65 that fact. The plan must demonstrate the reason, in the prospective
5-66 contractor's opinion, that there is an insufficient number of
5-67 historically underutilized businesses available in the locality at
5-68 that time to allow the state agency's stated participation level to
5-69 be met.
6-1 Sec. 2161.253. AGENCY EVALUATION OF BUSINESS SUBCONTRACTING
6-2 PLAN. (a) A state agency that has required each bid, proposal,
6-3 offer, or other applicable expression of interest for the contract
6-4 to include a historically underutilized business subcontracting
6-5 plan may not award the contract to a prospective contractor who did
6-6 not include a plan that complies with Section 2161.252.
6-7 (b) In determining which bid, proposal, offer, or other
6-8 applicable expression of interest offers the best value to the
6-9 state or is the lowest and best responsible bid or proposal, the
6-10 state agency shall evaluate and consider the merits of each
6-11 prospective contractor's historically underutilized business
6-12 subcontracting plan.
6-13 Sec. 2161.254. REQUIRED CONTRACT CLAUSES. (a) A contract
6-14 awarded by a state agency that has required each bid, proposal,
6-15 offer, or other applicable expression of interest for the contract
6-16 to include a historically underutilized business subcontracting
6-17 plan must include the contract clauses described by this section.
6-18 (b) The historically underutilized business subcontracting
6-19 plan submitted by the prospective contractor receiving the contract
6-20 is considered to be part of the contract. The historically
6-21 underutilized business subcontracting participation level expressed
6-22 in the plan as a percentage of the expected dollar amount of the
6-23 contract is considered to be part of the contract, except that if
6-24 negotiations were allowed under other law and the prospective
6-25 contractor and the state agency agreed on a different percentage
6-26 subcontracting participation level during negotiations before the
6-27 contract was awarded, the negotiated participation level is
6-28 considered to be part of the contract.
6-29 (c) The contract must require quarterly reports on the
6-30 progress the contractor is making in meeting the overall
6-31 participation level of the historically underutilized business
6-32 subcontracting plan. The quarterly reports must generally describe,
6-33 in the manner prescribed by the state agency, the progress being
6-34 made in meeting the participation level. The quarterly reports
6-35 must also specifically report:
6-36 (1) whether the historically underutilized businesses
6-37 named in the subcontracting plan as businesses with which the
6-38 contractor expected to subcontract actually received the expected
6-39 subcontracts, and if not:
6-40 (A) the reasons for that fact; and
6-41 (B) the efforts that the contractor made to find
6-42 another historically underutilized business that was available and
6-43 would be interested in the subcontract;
6-44 (2) the cumulative dollar value of subcontracts
6-45 awarded to historically underutilized businesses under the contract
6-46 to date; and
6-47 (3) the percentage of the cumulative amount the
6-48 contractor has spent under the contract to date as payments to
6-49 historically underutilized business subcontractors under the
6-50 contract.
6-51 (d) The contract must include a clause that outlines and
6-52 describes the requirements of the state's historically
6-53 underutilized business subcontracting program.
6-54 (e) The contract must include a penalties clause that
6-55 requires the contractor to pay penalties to the state after the
6-56 contract is completed if:
6-57 (1) the value of subcontracts awarded under the
6-58 contract to historically underutilized businesses did not meet or
6-59 exceed the historically underutilized business subcontracting
6-60 participation level that is part of the contract; and
6-61 (2) the participation level was not met at least in
6-62 part because the contractor did not make a good faith effort to
6-63 meet the participation level.
6-64 (f) The amount of the penalties is computed by subtracting
6-65 the value of subcontracts awarded under the contract to
6-66 historically underutilized businesses from the historically
6-67 underutilized business subcontracting participation level that is
6-68 part of the contract.
6-69 Sec. 2161.255. DETERMINING WHETHER TO ASSESS PENALTIES.
7-1 (a) After the contract is completed, the purchasing personnel of
7-2 the state agency shall determine whether the value of subcontracts
7-3 awarded under the contract to historically underutilized businesses
7-4 met or exceeded the historically underutilized business
7-5 subcontracting participation level that was part of the contract.
7-6 If it is determined that the contractor failed to meet or exceed
7-7 the participation level, the state agency shall notify the
7-8 contractor of that determination.
7-9 (b) The state agency shall give the contractor ample
7-10 opportunity to submit documentation and to explain in discussions
7-11 with state agency purchasing personnel that the failure to meet or
7-12 exceed the participation level is not attributable to a lack of
7-13 good faith effort on the part of the contractor to meet the
7-14 participation level.
7-15 (c) In determining the extent to which the contractor made a
7-16 good faith effort to meet the participation level, the state
7-17 agency's purchasing personnel shall consider factors indicating
7-18 good faith, such as whether the contractor:
7-19 (1) provided timely notice of a subcontracting
7-20 opportunity to historically underutilized businesses that have the
7-21 ability to perform the subcontract and that may be interested in
7-22 receiving the subcontract;
7-23 (2) advertised the subcontracting opportunity in all
7-24 media that focus on serving one or more kinds of historically
7-25 underutilized businesses;
7-26 (3) effectively used the services of minority, women,
7-27 and community organization contractor groups, local, state, and
7-28 federal business assistance offices, and other organizations that
7-29 provide assistance in identifying historically underutilized
7-30 businesses that have the ability to perform the subcontract;
7-31 (4) divided subcontract work or purchases into the
7-32 smallest reasonable units to enhance the possibility of
7-33 historically underutilized business participation in the
7-34 subcontracting opportunity; and
7-35 (5) awarded a subcontract to the historically
7-36 underutilized business that qualified as the lowest responsible
7-37 bidder or offeror or, for negotiated subcontracts, negotiated in
7-38 good faith with interested historically underutilized businesses.
7-39 (d) If, after considering the documentation and explanations
7-40 submitted by the contractor, the state agency's officer or employee
7-41 in charge of procurement finds that the contractor did not meet the
7-42 participation level because of a lack of good faith effort on the
7-43 part of the contractor, that officer or employee shall report that
7-44 finding to the administrative head of the agency. The
7-45 administrative head may then initiate a contested case proceeding
7-46 to assess the penalty under Chapter 2001. If the agency's final
7-47 order in the contested case assesses the penalty, the contractor is
7-48 entitled to judicial review of the final order.
7-49 (e) The enforcement of the penalty may be stayed during the
7-50 time the order is under judicial review if the person pays the
7-51 penalty to the clerk of the court or files a supersedeas bond with
7-52 the court in the amount of the penalty. A person who cannot afford
7-53 to pay the penalty or file the bond may stay the enforcement by
7-54 filing an affidavit in the manner required by the Texas Rules of
7-55 Civil Procedure for a party who cannot afford to file security for
7-56 costs, subject to the right of the agency to contest the affidavit
7-57 as provided by those rules.
7-58 (f) Penalties under this section are payable to the state
7-59 agency, which shall send the money to the comptroller for deposit
7-60 in the unobligated and undedicated portion of the general revenue
7-61 fund.
7-62 SECTION 13. Section 2161.231, Government Code, is amended to
7-63 read as follows:
7-64 Sec. 2161.231. PENALTY. (a) A person commits an offense if
7-65 the person:
7-66 (1) intentionally applies as a historically
7-67 underutilized business for an award of a purchasing contract or
7-68 public works contract under this subtitle; and
7-69 (2) knows the person is not a historically
8-1 underutilized business.
8-2 (b) A person commits an offense if the person:
8-3 (1) intentionally applies as a historically
8-4 underutilized business for an award of a subcontract under a
8-5 purchasing contract or public works contract with a state agency
8-6 under this subtitle or other law; and
8-7 (2) knows the person is not a historically
8-8 underutilized business.
8-9 (c) An offense under this section is a third degree felony.
8-10 SECTION 14. (a) This Act takes effect September 1, 1999.
8-11 (b) Subchapter F, Chapter 2161, Government Code, as added by
8-12 this Act, applies only to subcontracting under a contract entered
8-13 into by a state agency for which the request for bids, proposals,
8-14 offers, or other applicable expressions of interest is published or
8-15 otherwise disseminated on or after that date.
8-16 SECTION 15. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.
8-21 * * * * *